Professionalism

Excellence

Fairfax/Manassas Criminal & Personal Injury Blog

Juveniles in Virginia who are charged with criminal offenses must be aware of the possibility of the case being certified and transferred from juvenile court to circuit court and being tried as an adult. If the juvenile is 14 or older and has been accused of committing a felony, this could occur. With the certification to circuit court, certain felonies fit the requirement for a judge to make the decision on a transfer.

The attorney or one parent, the legal guardian and the juvenile will be informed by the Commonwealth that the request has been made to transfer to the case to circuit court. There will be a hearing to decide on probable cause with the allegations and if the move to circuit court is appropriate. The judge will consider this based on if there were previous court cases, if the juvenile is competent, what the juvenile's school record is and the emotional maturity of the juvenile.

With a violent felony, the case could be transferred from juvenile court to circuit court. As with the certification, the parties must be informed of this decision and there will be the assessment of probable cause. If probable cause is found, then the case will likely be transferred.

If there is a charge of murder or aggravated malicious wounding, it will automatically be certified to go to circuit court. There will not need to be a request made for this to take place. If the juvenile made statements while the transfer hearing, they cannot be used as evidence unless the juvenile testifies at trial. The Commonwealth and the juvenile have the option to appeal the decision on whether to transfer the case or not. This must be done within 10 days of the hearing. If there is a conviction in circuit court, the juvenile will be viewed as an adult at any subsequent criminal case.

Simply because the crime was committed by a juvenile does not mean it will be in the juvenile law system. A juvenile that is 14-years-old and older who is charged with a crime might have the case moved from juvenile court to circuit court. This can lead to more severe long-term consequences if there is a conviction. Having a legal professional help with a defense is key whether the case is considered a juvenile criminal offense or is moved to circuit court. This is vital for the juvenile's future and could help with reduced and dismissed penalties as well as reducing and dismissing the charges against the juvenile.

Follow us

Testimonials

I appreciate your help so much Christie, without you I do not know where I would be right now after the mistakes I have done. The pathway given to me by your hard work to fix my mistakes...
- H.I.

"We would like to sincerely thank you for your excellent representation of our son Jon. I do not need to tell you what a horrible time in our lives this has all been; the worst part ...
— M.M.K. & W.A.K.

For me, Christie Leary delivered timely caring service, skilled professionalism and most importantly--results! I am happy to recommend her without reservation.
- J.B.

I can't thank you enough...but I hope you know I appreciate everything you have done. May the Lord bless you for what you have done for me and for others!
- B.A.

email the Firm

PhonePlease enter a valid phone number. You may use 0-9, spaces and the ( ) - + characters.

Brief description of your legal issue

Please verify that you have read the disclaimer.I have read the
disclaimer.disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

First, assess whether you or anyone else involved in the incident requires medical attention. Call 911 immediately if any one requires medical attention. Your health and safety and the safety of others involved in the accident is paramount.

In the aftermath of an accident, you will feel as if you have entered into your own personal 4 ring circus.

Attorneys AT LAW

Serving Fairfax, Manassas, and the surrounding area

Law Offices of Christie A. Leary P.C. primarily serves clients in Fairfax County, Loudoun County, Prince William County, Arlington County and throughout Northern Virginia, including communities such as Fairfax, Manassas, Manassas Park, Woodbridge, Centreville, Gainesville, Springfield, Occoquan, Mount Vernon, Kingstowne, Bristow and Alexandria.